Crawford avalanche. (Grayling, Mich.) 1879-19??, 1887-02-03


time to time prescribe the measure OF pub-
licity which shall be given to such rates, fares
and charges, or to such part Of them as IL may
| deem IL practicable for such common carriers
| to publish, and the places In which they
| shall be published but no common carrier party
to any such joint tariff shall be liable for the
| failure of any other common carrier party
thereto TO observe and adhere to tho rates, fares
or charges thus made and published. II nny
such common carrier snail neglect or refuse to
file or publish its schedules or tariffs of rates,
fares, and charges, as provided i'm this section,
/ or any part OF the same, such common carrier,
shall in addition to other penalties herein pre-
scribed. be subject to writ OF mandamus, TO be
issued by any circuit court OF the United States
! in the judicial district wherein the principal
office OF said common carrier is situated, or
wherein such offense may be committed, and IL
such common carrier be n foreign corporation,
in the judicial circuit wherein such common
carrier accepts traffic and has an agent to per-
form such service, to compel compliance with
the Aforesaid provisions of this section; and
such writ shall issue in the name of the people
OF the United States at the relation of the Com
missioners appointed under the provisions Of
this act, and failure TO comply with its re-
quirements shall be punishable and for a
cont tsmpt; and the said Commissioners, as
complainants. may also apply, in any such Cir
cult Court OF the United States, for writ OF
Injunction against such common carrier, TO re-
transporting property among the several states
and Territories of the United States, or between
the United States and adjacent foreign coun-
tries, or between ports of transshipment and Of
entry and the several States and Territories OF
the United States, as mentioned in the first sec.
tion OF this act. until such common carrier
shall have complied with the aforesaid pro-
visions of this section of this act.
Sec. z. That ii shall be unlawful for any COM
mon carrier subject to the provisions OF this act
to enter into any combination contract or agree
ment expressed or implied, to prevent by
change of time schedule carriage in different
cars. or by other means or devices, the carriage
of freights from being continuous from the place
of shipment to the place OF destination and no
break Of bulk, stoppage or interruption made
by such common carrier shall prevent the car
riage of freights from being and being treated
as one continuous carriage from the place of
shipment to the place OF destination, unless
such break, stoppage, or interruption was made
in good faith for some necessary purpose, and
without any intention to avoid or unnecessarily
interrupt such continuous carriage or to evnde
any of the provisions OF this act.
Sec. 8. That in case any common carrier sub
ject to the provisions OF this act shall do cause
TO be done, permit to be done any act, mat
ter, or thing in this act prohibited or declared
TO be unlawful, or shall omit to do any act mat
ter, or thing in this act required to be DONE
such common carrier shall be liable to the per-
| son or persons injured thereby for the full
amount of damages sustained in consequence
of any such violation OF the provisions Of this
act, together with reasonable counsel or at
torney's fees, to be fixed by tho court in every
case Of recovery. which attorneys fees shall be
taxed and collected as part OF the costs in the
case.
Sec. o. That any person or persons claiming
to be damaged by any common carrier subject
complaint to the Commission as hereinafter
provided for, or may bring suit in his or their
own behalf for the recovery Of the damages for
which such common carrier may be liable un-
der the provisions of this act in any District
or Circuit Court of the United States OF compe-
tent jurisdiction; but such person or persons
shall not have tho right TO pursue both of such
| remedies, and must in each case elect which
one of the two methods of procedure herein
| provided for he or they will adopt In any
| such action brought for the recovery of dam
| ages the court before which the same shall be
pending may compel any director, officer, re-
ceiver, trustee, or agent of the corporation or
| company defendant in such suit to attend, ap-
pear, and testify in such case, and may compel
| the production OF the books and papers of such
| corporation or company party TO any such suit
/ the claim that any such testimony or evidence
/ may tend to crininate the person giving such
evidence shall not excuse such witness from tes-
| tifying, but such evidence or testimony shall
not be used against such person on the trial OF
@'sse ec I uHrrIcr suuJecJ To
the provisions of this act, or, whenever such
| common carrier is corporation, any director or
| officer thereof, or any receiver, trustee, lessee,
| agent or person acting for or employed by such
| corporation, who, alone or with any other cor
poraton, company, person or party, shall will
fully do or cause to be done, or shall willfully
suffer or permit to be done, any act, matter or
thing in this act prohibited or declared to be
| unlawful, or who shall aid or nbet therein, or
shall willfuly omit or fail to do any act,
matter or thing in this act required to be done,
or shall cause or wilfully suffer permit any
| act, matter or thing so directed or required by
this act to be done not TO be so done, or shall
aid abet any such omission or failure or
shall be guilty of any infraction of this act,
or shall aid or abet therein, shall be deemed
guilty of misdemeanor, and shall, upon
conviction thereof in any District Court OF
the United States within the jurisdiction OF
| which such offense was committed, DO subject
to fine of not to exceed 5000 for each oifense.
| Sec. IL. That q commission is hereby created
and established to be known as the Interstate
Commerce Commission, which shall be com
posed of FIVE Commissioners, who shall be ap-
| pointed by the President, by and with the adj
vice and consent Of the Senate. The Commits
sioners first appointed under this act shall con-
tinue In office for the term of two, three, four
five, and six years, respectively, from the 1st
dav of January A D. 1887 the term OF each t.
DO designated by the President; but their sue
cessors shall be appointed for terms OF six
years, except that any person chosen to fill O
vacancy shall be appointed only for the unex.
pired term of tho Commissioner whom he shall
succeed. Any Commissioners may be removed
by the President for inefficiency, neglect OF
duty, or malfeasance in office. Not more than
three of the Commissioners shall be appointed
from the same political party. No person in the
employ of or holding any official relation to any
common carrier subject to the provision of this
act, owning stock or bonds thereof, or who is
in any manner pecuniarily Interested therein
| shall enter upon the duties of or hold such
Office Said Commissioners shallnot engage in
any other business vocation, or employment
No vacancy in the Commission shall impair the
right OF the remaining Commissioners TO exer.
else oil the powers OF the Commission.
Sec. ~. That the Commission hereby created
| shall have authority to inquire into the man
agement OF the business OF all common car.
riers subject to the provisions of this act and
shall keep itself informed as to the manner
and method in which the same is conducted
| and shall have the right to obtain from such
common carriers full and complete Information
necessary to enable the Commission e. perform
the duties and carry out the objects for which
| IL was created AMI for the purposes of this act
| the Commission shall have power to require
the attendance and testimony of witnesses and
the production Of all books, papers, tariffs
contracts. agreements, and documents relating
to any matter under investigation, and to that
end may invoke the aid OF any court
of the United States in requiring the
attendance and testimony Of witnesses
and documents under the provisions Of this sec.
tion. And any of the Circuit Courts Of the
United States within the jurisdiction OF which
such inquiry is carried on may, in case OF con-
| tumacy refusal to obey q subpoena issued to
any common carrier subject to the provisions OF
this act, or other person, Issue an order requir-
ing such common carrier or other person to ap-
pear before said Commission and produce books
| and papers, il 30 ordered, and give evidence
touching the matter In question; and any fail
ure to obey such order of the Court may be pun
ished by such Court rs a contempt thereof The
claim that any such testimony or evidence may
tend to criminato the person giving such evi-
dence shnll not excuse such witness from testi-
flying; but such evidence or testimony shall not
be used against such person on tho trial OF any
criminal proceeding.
Soc. 10. That any person, firm, corporation OF
association, any mercantile, agricultural OF
manufacturing society or any body polite OF
municipal organization complaining Of anything
done or omitted TO be done by any common car.
rier subject to the provisions of this act in con
travention Of the provisions thereof, may apply
TO said Commission by petition, which shall
briefly state the facts whereupon n statement
OF the charges thus made shall be forwarded
by the Commission to such common car
rier, who shall be called upon to satisfy
the complaint or answer the same in writing
within a reasonable time, to be specified by the
Commission. II such common carrier, within